MountainTrue Calls on EPA to Protect NC Waters from Legislative Sabotage

The following is a letter sent to our members on Wednesday, August 28, 2024, announcing MountainTrue’s decision to petition the U.S. Environmental Protection Agency to withdraw North Carolina’s authority to regulate water pollution.

Dear members and supporters,

I’m writing to share some important news with you regarding the future of North Carolina’s water quality, environment, and public health. MountainTrue has always been committed to safeguarding the public water resources of Western North Carolina. Our mission to protect the health of our waterways and the well-being of our communities has never been more critical. However, the obstacles we now face have made it clear that the state cannot meet its obligations under the Clean Water Act.

Therefore, MountainTrue has joined the Southern Environmental Law Center, Cape Fear River Watch, Environmental Justice Community Action Network, and the Haw River Assembly in filing a formal petition asking the U.S. Environmental Protection Agency to withdraw North Carolina’s authority to regulate water pollution. This action is necessary because the state legislature has crippled the NC Department of Environmental Quality’s ability to protect our waterways, drinking water sources, and communities from harmful pollution.

As with most states, EPA delegates authority to North Carolina to regulate pollution from industry and wastewater treatment plants into rivers, lakes, and other waters through the “National Pollutant Discharge Elimination System” program. This means the state takes on EPA’s legal duty to issue water pollution permits that protect North Carolina waters, to solicit participation from the public, and to enforce against any polluters that violate water quality laws.

Unfortunately, the North Carolina General Assembly has systematically undermined the Department of Environmental Quality and the Environmental Management Commission to the point that the state can no longer effectively protect our waters.

These legislative actions have led to weakened permits, an inability to regulate toxic chemicals effectively, and a state budget that leaves DEQ severely underfunded. As a result, industrial facilities are allowed to operate under expired permits with outdated protections, efforts to better protect the public and enforce against polluters are routinely blocked, and North Carolinians are exposed to more pollution in our waterways and drinking water sources.

Moreover, recent changes to state law have given final authority over water pollution permits to the North Carolina Office of Administrative Hearings, an entity that is not equipped to prioritize public health and environmental safety. This shift not only sidelines DEQ’s expertise but also cuts the public out of the permitting process altogether.

Given these circumstances, we believe that the only path forward is to request that the EPA reclaim its authority over water pollution regulation in North Carolina. This is a drastic measure, but one that is necessary to ensure that our waters and communities are protected from the serious threats posed by unchecked pollution.

We understand that this news may be concerning, and we want to assure you that MountainTrue will continue to fight tirelessly for clean water and healthy communities. We will keep you informed of any developments as the EPA considers our petition and takes action.

Thank you for your continued support and commitment to protecting our precious public waters.

Sincerely,

Gray Jernigan
Deputy Director & General Counsel

Resources:

Press Release: Legislative actions leave North Carolina unable to protect water and communities, groups warn EPA – Southern Environmental Law Center

Petition: 2024.08.28-SELC-NC-De-Delegation-Petition.pdf (southernenvironment.org)

MountainTrue Advocates for Environmental Priorities During Raleigh Lobbying Trip

Photo: MountainTrue’s Legislative Advocacy Team sits down with Senator Tim Moffitt to discuss the specifics of a proposed Accessory Dwelling Unit (ADU) bill.

At the beginning of May, the MountainTrue legislative advocacy team embarked on a lobbying trip to Raleigh, marking our first visit to the NC General Assembly’s short session. This trip was instrumental in advancing our legislative agenda and fostering meaningful conversations with key lawmakers.

We extend our heartfelt thanks to Representatives Dudley Greene, Jimmy Dixon, Jake Johnson, Jennifer Balkcom, Eric Ager, Ray Pickett, and Senators Warren Daniel, Kevin Corbin, Tim Moffitt, and Julie Mayfield. We also appreciate the staff of House Speaker Tim Moore and Senate President Pro Tempore Phil Burger for their valuable time and engagement.

Senator Kevin Corbin

Senator Kevin Corbin with MountainTrue High Country Director and Watauga Riverkeeper Andy Hill.

Senator Julie Mayfield

MountainTrue’s Legislative Advocacy Team with Senator Julie Mayfield.

Representative Jimmy Dixon

MountainTrue’s Gray Jernigan, Nancy Diaz, and Bob Wagner, posing for a photo with Representative Jimmy Dixon.

During our meetings, we discussed the various programs, projects, and policies that MountainTrue supports. We shared our legislative priorities for the session, receiving positive feedback and valuable insights from our legislators. Here are the key initiatives we are focusing on this year:

Helping Property Owners Reduce Stormwater Pollution

The Community Conservation Assistance Program (CCAP) is a vital initiative that allows local soil and water districts to assist property owners in reducing stormwater pollution. Unfortunately, the demand for CCAP exceeds its current funding. By advocating for dedicated funding for the CCAP program, particularly in the French Broad River watershed, we aim to significantly reduce stormwater pollution in areas frequently used for recreation.

Supporting Rural Families with Failing Septic Systems

MountainTrue has partnered with NC DHHS to administer funding for repairing failing septic systems in Western North Carolina. This partnership has inspired Buncombe County to launch its own septic repair program. We are pushing for grants to local health departments in WNC to enable other counties to establish their own programs, thereby improving public health and environmental quality in rural areas.

Expanding E. coli Monitoring in the French Broad River

By expanding the state’s real-time E. coli bacteria detection program in the French Broad River, we can provide the public with accurate and timely information about bacteria pollution levels. This expansion is crucial for ensuring the safety of the river, which is heavily used for recreational activities.

Securing State Trail Designations for Paddle Trails

We are working to secure State Trail designations for the First Broad River in Cleveland County and the Watauga River in Watauga County. These designations will accelerate the development of paddle trails, enhancing recreational and economic opportunities for local communities.

Advocating for Local Projects and Smart Infill Development

MountainTrue is actively seeking funding for several local projects, including dam removals, trails, and greenways throughout the WNC region. Additionally, we are advocating for legislation that mandates local governments to adopt ordinances permitting the construction of accessory dwelling units in residential areas. This initiative aims to promote smart infill development, address the housing shortage, reduce the climate impacts of commuting, and protect rural areas from sprawling development.

Stay Connected and Support MountainTrue

As the session progresses, we will continue to update you on our advocacy efforts and achievements. Your support is crucial in ensuring that WNC has a strong voice for the environment in the General Assembly. MountainTrue is proud to be the only environmental organization in WNC with a full-time presence in Raleigh, and with your continued support, we can make a significant impact.

Thank you for standing with us in our mission to protect and preserve the environment in WNC. Stay tuned for more updates and action opportunities!

Sustainability for the French Broad River Runs Deep for Plēb Urban Winery

Asheville’s River Arts District continues to thrive, drawing in tourists who eagerly explore its offerings on weekends. Amidst the buzz of activity, Plēb Urban Winery stands as a beacon, nestled in the heart of the action just off the greenway and overlooking the scenic French Broad River. While their laid-back atmosphere might suggest a casual approach, behind the scenes, Plēb is dedicated to producing high-quality wines, setting themselves apart with their hands-on approach to winemaking.

Beyond crafting exceptional wines, Plēb distinguishes itself by cultivating its own grapes, harvesting them, and even stomping them the old-fashioned way — barefoot. This commitment to authenticity is matched by a deep-rooted focus on sustainability and inclusivity. Regardless of attire or background, everyone who walks through their doors is warmly welcomed.

Plēb’s dedication to sustainability extends to their grape cultivation practices. At their vineyard located just north of Asheville along the French Broad River, they employ organic methods and prioritize eco-friendly initiatives such as kegging most of their wine, which has significantly reduced their carbon footprint by saving over 8,000 glass bottles. Furthermore, Plēb actively supports organizations like MountainTrue and the French Broad Riverkeeper, contributing a portion of proceeds from a dedicated wine to help protect and preserve the river.

“We’re deeply committed to collaborating with MountainTrue and the French Broad Riverkeeper because, as farmers, safeguarding our waterways is paramount. Hailing from California, where water is revered due to its scarcity, I’ve developed a profound appreciation for its significance. In Western North Carolina and many other places, the downstream repercussions of water pollution are often overlooked while water quality is taken for granted; but this doesn’t mean that everyone mistreats or doesn’t appreciate local waterways. In my experience, once landowners and rural farmers grasp the importance of adopting sustainable practices, it becomes a shared priority. Supporting MountainTrue and Hartwell as the French Broad Riverkeeper was a natural choice for us. Situated along the river, our winery recognizes the urgent need to address pollution stemming from irresponsible farming practices. The alignment between the riverkeeper’s mission and ours is unmistakable, driving our unwavering commitment to their cause.”

-Chris Denesha, Plēb Co-Founder

Founded in 2017 by Chris Denesha and Lauren Turpin, Plēb embodies the essence of Asheville’s spirit, blending urban charm with countryside roots. Denesha oversees much of the winemaking process, tending to grapevines without synthetic chemicals and experimenting with hybrid cultivars alongside native varieties like catawba and muscadine. Their winemaking techniques combine classic strategies with innovative use of local materials, resulting in a diverse selection of wines that reflect the region’s terroir.

Plēb’s approach to winemaking redefines domestic wine, embracing local resources and accessibility. Their wines, ranging from traditional varietals to experimental blends infused with local flavors like shagbark hickory bark, embody a harmonious balance that captivates the palate.

Each year, Plēb hosts the Acid on the River event to celebrate their partnership with MountainTrue — a wine party like no other. Featuring food, music, and of course, wine, the event also offers unique experiences such as tattooing and fly tying, showcasing the eclectic spirit of Asheville’s River Arts District.

Asheville’s brewing scene may be well-known, but Plēb Urban Winery invites visitors to discover a different side of the city’s beverage culture; one that celebrates local craftsmanship, sustainability, and community. Whether you’re a wine aficionado or a curious traveler, a visit to Plēb promises an unforgettable experience that captures the essence of Asheville’s vibrant spirit. Join the festivities at Acid on the River on June 1 and immerse yourself in the magic of Plēb Winery and its partnership with MountainTrue!

MT Raleigh Report: MountainTrue Advocates for Environmental Progress Amid North Carolina’s 2024 Legislative Session

This week marks the beginning of the 2024 session of the North Carolina General Assembly. With elections looming in the fall, many lawmakers would like to see the legislature get in and out of session as quickly as possible and avoid taking up controversial issues that will slow the session down – or make campaigning more difficult.

Adjusting the second year of the state’s two-year budget is one of the legislature’s key tasks this year. Lawmakers got some good news on the budget front earlier this month when analysts reported that the state will enjoy higher-than-budgeted revenues for both the current 2023-24 fiscal year and the upcoming fiscal year 2024-25.

For MountainTrue, the legislative session provides another opportunity to speak up for the mountains, rivers, and communities of western North Carolina. Some of our priorities this year include:

Helping property owners reduce stormwater pollution.
The Community Conservation Assistance Program (CCAP) allows local soil and water districts to help property owners reduce stormwater pollution. Unfortunately, demand for CCAP far outstrips its funding. By targeting dedicated funding for the CCAP program in the French Broad River watershed, we can reduce stormwater pollution in areas that are heavily used for recreation.

Continuing to help rural families fix failing septic systems
MountainTrue and NC DHHS recently partnered to administer funding to fix failing septic systems in WNC, and the effort spurred Buncombe County to launch its own program. Funding for grants to local health departments in WNC will allow other counties to administer their own septic repair programs.

Expanding E. coli Monitoring in the French Broad River
By expanding the state’s real-time E. coli bacteria detection program in the French Broad, we can provide the public with an up-to-date picture of bacteria pollution levels in a river that is heavily used for river recreation.

State Trail Designation for Two Paddle Trails
By securing State Trail designations for the First Broad River (Cleveland County) and Watauga River (Watauga County), we can accelerate the development of paddle trails on these rivers and boost recreational and economic opportunities for local communities.

MountainTrue is actively seeking funding for several local projects, including dam removals, trails, and greenways throughout the WNC region. Additionally, we are advocating for lawmakers to pass legislation that would mandate local governments to adopt ordinances permitting the construction of “accessory dwelling units” in residential areas. This initiative aims to promote smart infill development and alleviate the housing shortage throughout our region while addressing the climate impacts of commuting and protecting rural areas from sprawling development.

MountainTrue is the only WNC environmental organization with a full-time presence in Raleigh. Your support ensures that our region has a strong voice for the environment in the General Assembly. Thank you so much for your part in this effort.

Read our full 2024 Western North Carolina Conservation Priorities.

Press Release: 82% of North Carolina voters support state action to reduce single-use plastics

82% of North Carolina voters support state action to reduce single-use plastics

RALEIGH, NC — In a new statewide poll of North Carolina voters, a significant majority expressed concern about the health impacts of plastics and said state lawmakers should take action to reduce single-use plastics.

Support for state government action to reduce single-use plastics was widespread and bipartisan: More than eight out of ten (82%) North Carolinians support enacting policies to protect human health and the environment. Nearly three-quarters (74%) of Republican and 91% of Democratic voters support reducing single-use plastics.

Recent studies and media reports have linked the presence of plastics in the human body to obesity, heart attack, stroke, falling sperm counts, infertility, premature births, birth defects, developmental disorders, and possibly Parkinson’s and dementia. Nearly nine out of ten (88%) North Carolinians said they were concerned about the health effects of plastic, with 50 percent of those saying they were very concerned.

Statement from Hartwell Carson, French Broad Riverkeeper with the Western North Carolina-based conservation organization MountainTrue:

“Ensuring that our food, water, and environment are safe and free of dangerous plastic pollution is widely supported by young and old, women and men, and Republicans and Democrats. With a resounding 82% of North Carolinians calling for action, it’s imperative that corporations quit forcing single-use plastics on us. We don’t want it. Sound policy can move us away from the detrimental impacts single-use plastics cause. In the meantime, businesses should be working to phase them out..”

These poll results mirror surveys conducted by the City of Asheville in 2023, which found that more than 80% of respondents supported a citywide plastic bag ban, and by the Outer Banks Chamber of Commerce (2017), in which all but two of 500 respondents opposed overturning a popular local bag ban.

Special Interests Blocked Popular Local Laws. Now, It’s Time for the State to Act

In 2023, Durham was on the cusp of passing a 10-cent fee on disposable plastic and paper bags. In Western North Carolina, Buncombe County, the City of Asheville, and the towns of Black Mountain, Weaverville, and Woodfin were moving toward enacting local ordinances that would ban single-use plastic shopping bags at the checkout aisle and styrofoam takeout containers.

As those local laws moved forward, Senate Leaders conspired with special interest lobbyists from the North Carolina Retail Merchants Association to insert language into the state budget blocking local governments from enacting any regulations on “the use, disposition, or sale of an auxiliary container (153A-145.11)”, including styrofoam containers and single-use plastic bags. The omnibus budget containing these new limits on local governments was released to the public and to the House and Senate for an up-or-down vote without opportunity for debate or amendment. Governor Roy Cooper later allowed it to become law without his signature.

Environmental and public health advocates around the state regrouped and are now focusing their efforts on building support for and passing a state-wide ban on single-use plastic bags and takeout containers.

Statement from Steve Wall, MD, a retired pediatrician and member of the Plastic-Free WNC Health Working Group:

“Our legislators have a constitutional duty to safeguard the health and well-being of the people of North Carolina. It’s time for North Carolina to join the more than 500 state and local governments across the United States that have already passed commonsense laws to reduce single-use plastics. This is not just an environmental imperative—it’s a public health necessity.”

The Rise of the Plasticene Era: Plastics’ Significant Impact on Human Health

The theme of Earth Day 2024 is Plastic vs. Planet, and environmental and health advocates worldwide are calling for a 60% reduction in the production of plastics by 2040 for the sake of human and planetary health.

The production of plastics has seen an exponential increase since the 1950s, now accounting for 20% of global fossil fuel usage—surpassing its use in vehicles and electricity generation. This shift marks the dawn of what many scientists are calling the “Plasticene” era, characterized by significant environmental and health impacts due to pervasive plastic production and waste.

Despite the common practice of recycling, the reality remains stark; less than 6% of plastic waste in America is recycled. The lower cost of producing new plastics compared to recycling only exacerbates the issue, leading to increased plastic waste that often ends up in landfills and natural environments. Over time, these materials break down into microplastics that infiltrate the air, water, and even our food supply.

Research indicates that the average individual inhales approximately 22 million plastic particles each year. Studies have confirmed the presence of plastics in various human tissues and bodily fluids, including blood, brain, lungs, colon, liver, placenta, breast milk, and carotid arteries.

The impact of plastics on human health is becoming increasingly clear. Microplastics can penetrate cellular structures, disrupting energy production and promoting inflammation. They also interfere with hormonal functions, impacting brain communication, immune responses, and organ function. The consequences are severe, linking plastic pollution to a range of health issues including infertility, premature births, various cancers, and even neurodegenerative diseases. Research has shown that plastics in arterial plaques could increase the risk of severe cardiovascular events by up to 4.5 times within a three-year period.

The economic burden is also significant, with diseases related to plastic exposure costing approximately 1% of the US GDP annually. As the problem of plastic pollution grows, its pace is outstripping our ability to fully understand and mitigate its impacts on human health and the environment.

About the Poll

This poll was conducted by Mason-Dixon Polling & Research, Inc. of Jacksonville, Florida from April 9 through April 13, 2024. A total of 625 registered North Carolina voters were interviewed statewide by telephone.

Those interviewed were randomly selected from a phone-matched North Carolina voter registration list that included both land-line and cell phone numbers. Quotas were assigned to reflect voter registration by county.

The margin for error, according to standards customarily used by statisticians, is no more than ± 4 percentage points. This means that there is a 95 percent probability that the “true” figure would fall within that range if all voters were surveyed. The margin for error is higher for any subgroup, such as a gender or age grouping.

About Plastic-Free WNC

Plastic-Free WNC is a coalition of environmental organizations, advocates, and citizens dedicated to reducing plastic pollution in our environment. Members include MountainTrue, Sierra Club of WNC, Environmental Action Community of Western North Carolina, Riverlink, Creation Care Alliance of WNC, Beloved Asheville, Asheville En Espanol, NRDC, NCPIRG, and the North Carolina Plastics Coalition. Learn more at PlasticFreeWNC.com.

Media Contact:
Karim Olaechea, MountainTrue
Phone: 828-400-0768 E-mail: karim@mountaintrue.org

###

TAKE ACTION to Protect the North Fork of the French Broad River in Transylvania County, NC!

Email Transylvania County Commissioners to encourage their support of the designation of the North Fork of the French Broad River as a Wild & Scenic River!

There is a once-in-a-generation chance to protect the North Fork of the French Broad, which is eligible for designation under the Wild & Scenic River Act. Congressman Chuck Edwards has indicated that he would introduce legislation for the North Fork with the support of the Transylvania County Commissioners. The Commissioners need to hear from Transylvania County residents, business owners, and property owners. Please take the time to send them a message.

Wild & Scenic River designation requires an act of Congress and typically enjoys broad popularity and bipartisan support. A Wild & Scenic designation for the North Fork of the French Broad would ensure that this section of the French Broad River is never dammed, and it would guarantee critical water quality protections and management by the US Forest Service to protect its biodiversity and recreational values. Transylvania County citizens defeated proposed dams in the past, and their hard-won success should be made permanent.

Email Transylvania County Commissioners

The North Fork is the headwaters of the French Broad River, a recreation staple in Brevard and Asheville. The French Broad River is responsible for over $3 billion dollars of economic activity annually. Good water quality in these headwaters is essential for local agriculture and recreation economies. Maintaining the health of the North Fork of the French Broad River is also critical to the protection of aquatic wildlife, including hellbender salamanders, musky, and trout.

Email Transylvania County Commissioners

The 3.2 mile-long river corridor proposed for protection (pictured below) is owned and managed solely by the US Forest Service. Therefore, no private lands would be affected by designating this stretch of river as Wild & Scenic. The Wild & Scenic Rivers Act has no effect on private lands, including any private lands upstream or downstream of the designated reach.